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Terms.

Enterprise Terms of Service changed xAI, May 17, 2026

xAI · May 17, 2026 · 9 added, 7 removed · found in an Internet Archive capture

Archived copyAll xAI terms
  1. Added: Beta Offerings. From time to time, xAI may, in its sole discretion, include test features or products in the Services (" Beta Offerings "). If Customer chooses to use any Beta Offerings, Customer agrees such offerings are provided "as is" and may contain errors, defects, bugs or inaccuracies that could fail or cause corruption or loss of data and information. Customer agrees that use of any Beta Offerings is at its own risk. If xAI provides Customer with access to non-public Beta Offerings, Customer agrees that they are offered on a confidential basis and are xAI Confidential Information and the use of such Beta Offerings by Customer may be governed and controlled by separate terms outside of this Agreement.
  2. Added: Customer shall comply with xAI's Acceptable Use Policy (as it may be updated from time to time) (the "AUP" ). Further, Customer shall not, and shall not allow any third party (including any Permitted User and End-User) to: (a) sell, rent, lease or use any Service for time sharing purposes; (b) use any Service to help develop, or help provide to any third party, any product or service similar to or competitive with any Service; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of any Service; (d) copy, modify or create derivative works from any Service or any Documentation; (e) scrape any User Content, distill model behavior, or remove or obscure any copyright or proprietary or other notice contained in any Service or Documentation; (f) propagate any virus, Trojan horse, or other malware or programming routine intended to damage any system or data; (g) access or use any Services in a manner intended to circumvent or exceed service account limitations or requirements; (h) use any Services in a manner that violates any applicable law, regulation, or legal requirement or obligation; (i) use any Services to violate the rights of others, including, for example, their rights to privacy, to publicity, to moral rights, to control the use of their name, likeness, image, and voice, and to be free from undue harassment; (j) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark any Services; (k) post, upload, transmit or provide any Input (defined below) or other data that xAI reasonably deems to be unlawful, harmful, abusive or otherwise violates this Agreement (l) use any Services in a fraudulent manner or to deceive, mislead, scam, or impersonate any third parties; or (m) use the Services except as expressly permitted by this Agreement. Customer agrees that xAI may monitor Customer accounts for violations of xAI's AUP, this Section 2, or the Agreement, and that xAI may at xAI's sole discretion take corrective actions, including immediate account termination. Further, Customer shall ensure that its agreements with End-Users will contain an acceptable use policy, terms and conditions, and a privacy policy that are substantially consistent with, and at least as protective of Customer and xAI as, this Agreement, the AUP, and xAI's Privacy Policy. If xAI or Customer reasonably suspects a breach of this Section resulting from the activity of Customer's End-Users, it shall promptly notify the other party in writing. Upon such notice, the parties agree to cooperate in good faith to investigate and address the suspected breach. This may include taking corrective measures, such as suspending or terminating the account of any End-User found to be in violation of the terms of this Agreement.
  3. Added: Generally . " Input " means information, data, and other content, in any form or medium, that is downloaded, or otherwise received, directly or indirectly (including via a third-party provider), from Customer (including from a Permitted User on Customer's behalf) or any End User to xAI to be processed by the Services. Input does not include information, data, or other content submitted by Customer to xAI outside of the Services, including non-production data and synthetic data. As between the parties, Customer is solely responsible for the accuracy, content and legality of all Input uploaded by the Customer or any End User. Customer represents and warrants to xAI that Customer has sufficient rights, and has obtained all required consents, necessary to submit the Input to the Services and to grant the rights granted to xAI in Section 3.2 below and that the Input to the Customer's knowledge does not infringe or otherwise violate the rights of any third party. " Output " means the output of the Services provided to Customer based on Input. Customer shall not represent that Output was human-generated or use the Output to train Customer's or its providers' machine learning or AI models. Due to the nature of machine learning and AI, the Output may not be unique across users and the Service may generate the same or similar Output for other users. Use of the Service may result in incorrect Output that does not accurately reflect reality. Customer must evaluate the accuracy of any Output as appropriate for Customer's use case, including by using human review of the Output. Customer understands and agrees that the Output may contain "hallucinations" and may be inaccurate, objectionable, inappropriate, or otherwise unsuited to Customer's purpose, and Customer agrees that xAI shall not be liable for any damages Customer or any third party alleges to incur as a result of or relating to any Input, Output, or other content generated by or accessed on or through the Service. If Customer shares Input or Output from the Service with others, Customer authorizes xAI to share those materials with the applicable third party. Customer is responsible for complying with relevant third-party policies when it instructs xAI to transmit Output to those third parties. Collectively, Input and Output are referred to as " User Content ."
  4. Removed: Beta Offerings. From time to time, xAI may, in its sole discretion, include test features or products in the Services ("Beta Offerings"). If Customer chooses to use any Beta Offerings, Customer agrees such offerings are provided "as is" and may contain errors, defects, bugs or inaccuracies that could fail or cause corruption or loss of data and information. Customer agrees that use of any Beta Offerings is at its own risk. If xAI provides Customer with access to non-public Beta Offerings, Customer agrees that they are offered on a confidential basis and are xAI Confidential Information and the use of such Beta Offerings by Customer may be governed and controlled by separate terms outside of this Agreement.
  5. Removed: Customer shall comply with xAI's Acceptable Use Policy (as it may be updated from time to time) (the "AUP" ). Further, Customer shall not, and shall not allow any third party (including any Permitted User) to: (a) sell, rent, lease or use any Service for time sharing purposes; (b) use any Service to help develop, or help provide to any third party, any product or service similar to or competitive with any Service; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of any Service; (d) copy, modify or create derivative works from any Service or any Documentation; (e) scrape any User Content, distill model behavior, or remove or obscure any copyright or proprietary or other notice contained in any Service or Documentation; (f) propagate any virus, Trojan horse, or other malware or programming routine intended to damage any system or data; (g) access or use any Services in a manner intended to circumvent or exceed service account limitations or requirements; (h) use any Services in a manner that violates any applicable law, regulation, or legal requirement or obligation; (i) use any Services in violation of any third-party rights of privacy or intellectual property rights; (j) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark any Services; (k) post, upload, transmit or provide any Input (defined below) or other data that xAI reasonably deems to be unlawful, harmful, abusive or otherwise violates this Agreement (l) use the Services except as expressly permitted by this Agreement. Customer agrees that xAI may monitor Customer accounts for violations of xAI's AUP, this Section 2, or the Agreement, and that xAI may at xAI's sole discretion take corrective actions, including immediate account termination. Further, Customer shall ensure that its agreements with End-Users will contain an acceptable use policy, terms and conditions, and a privacy policy that are substantially consistent with, and at least as protective of Customer and xAI as, this Agreement, the AUP, and xAI's Privacy Policy. If xAI or Customer reasonably suspects a breach of this Section resulting from the activity of its End-Users, it shall promptly notify the other party in writing. Upon such notice, the parties agree to cooperate in good faith to investigate and address the suspected breach. This may include taking corrective measures, such as suspending or terminating the account of any End-User found to be in violation of the terms of this Agreement.
  6. Removed: Generally . " Input " means information, data, and other content, in any form or medium, that is downloaded, or otherwise received, directly or indirectly (including via a third-party provider), from Customer (including from a Permitted User on Customer's behalf) or any End User to xAI to be processed by the Services. Input does not include information, data, or other content submitted by Customer to xAI outside of the Services, including non-production data and synthetic data. As between the parties, Customer is solely responsible for the accuracy, content and legality of all Input uploaded by the Customer or any End User. Customer represents and warrants to xAI that Customer has sufficient rights in the Input and has obtained all required consents to grant the rights granted to xAI in Section 3.2 below and that the Input to the Customer's knowledge does not infringe or otherwise violate the rights of any third party. " Output " means the output of the Services Provided to Customer based on Input. Customer shall not represent that Output was human-generated or use the Output to train Customer's or its providers' machine learning or AI models. Due to the nature of machine learning and AI, the Output may not be unique across users and the Service may generate the same or similar Output for other users. Use of the Service may result in incorrect Output that does not accurately reflect reality. Customer must evaluate the accuracy of any Output as appropriate for Customer's use case, including by using human review of the Output. Customer understands and agrees that the Output may contain "hallucinations" and may be inaccurate, objectionable, inappropriate, or otherwise unsuited to Customer's purpose, and Customer agrees that xAI shall not be liable for any damages Customer or any third party alleges to incur as a result of or relating to any Output or other content generated by or accessed on or through the Service. If Customer shares Input or Output from the Service with others, Customer authorizes xAI to share those materials with the applicable third party. Customer is responsible for complying with relevant third-party policies when it instructs xAI to transmit Output to those third parties. Collectively, Input and Output are referred to as " User Content ."
  7. Added: De-Identified Data and Data Retention . Except when Customer elects to use xAI's Zero Data Retention enabled APIs (" ZDR-Enabled API " or " ZDR "), xAI may create de-identified and/or aggregated data derived from Customer's use of the Services (" De-Identified Data "). xAI may use De-Identified Data for any lawful purpose, including maintaining or improving the Services, developing new features or products, conducting research, benchmarking, and other business purposes. xAI will own all right, title, and interest in the De-Identified Data and any derivative works thereof. For clarity, xAI shall not use any User Content to train any foundation models, large language models, or other artificial intelligence systems.
  8. Added: Deletion and Retention of User Content . All User Content will be automatically and permanently deleted no later than 30 days after the end of the interaction or session in which it was submitted unless retention beyond that period is: (a) explicitly agreed in an Order Form; (b) required by applicable law or regulation; or (c) reasonably necessary for safety, security, compliance, moderation, abuse prevention, or investigation of suspected violations of this Agreement (including the AUP) in each of which cases xAI will retain only the minimum data necessary and will permanently delete it promptly when the justification no longer applies. Notwithstanding the foregoing, when and to the extent Customer elects to use ZDR, User Content will exist in xAI systems only transiently and solely to the extent required to generate and return the real-time response; xAI will delete all such User Content, including any transient storage or processing artifacts, upon the earlier of (a) one hour after completion of the applicable inference request; or (b) delivery of the response; and no longs, backups, persistent copies, or other durable storage containing User Content will thereafter be retained for any purposes, including safety, debugging, or legal compliance. When using ZDR, Customer expressly acknowledges and agrees that: (1) Customer is solely responsible for preserving any copies of User Content it wishes to retain, including for legal or regulatory compliance; (2) once deleted, User Content cannot be recovered or produced by xAI under any circumstances (including subpoenas, regulatory requests, or legal process); and (3) use of ZDR may limit Customer's ability to respond to legal proceedings or audits requiring historical data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, xAI WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CONSEQUENCES ARISING FROM CUSTOMER'S USE OF ZDR OR THE RESULTING DELETION OF USER CONTENT .
  9. Removed: De-identified Data and Data Retention . xAI may create and use de-identified data related to Customer's use of the Services to improve xAI's products and services, to develop new products and services, and for its other business purposes (and such de-identified data will be owned by xAI). For clarity, subject to Section 3.2, xAI shall not use any User Content for any of its internal AI or other training purposes (such as training its machine learning models), including developing new products or services based on User Content. User Content is automatically deleted within 30 days, unless (a) xAI is legally required to retain it, or (b) it is flagged for safety, compliance, or moderation issues or as potentially violating this Agreement or the AUP.
  10. Added: Indemnification by Customer . Customer shall indemnify, defend, and hold harmless xAI and its parents, subsidiaries, and affiliates from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim from an End-User or any claim arising from or relating to (a) violation of any applicable laws relating to use of the Services (including, without limitation, privacy laws, regulations, or rights), or breach of Section 3.1, (b) use of the Services in violation of this Agreement, the AUP, Documentation, DPA, or xAI Privacy Policy, (c) the Bundled Services or Additional Bundled Services, or (d) the deletion of any User Content pursuant to Customer's use of ZDR. This indemnification obligation is subject to Customer receiving: (x) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (y) the exclusive right to control and direct the investigation, defense, or settlement of such claim (any settlement, subject to xAI's prior written consent); and (z) all reasonably necessary cooperation of xAI at Customer's expense.
  11. Removed: Indemnification by Customer . Customer shall indemnify, defend, and hold harmless xAI and its parents, subsidiaries, and affiliates from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim from an End-User or any claim arising from or relating to (a) Customer's violation of any applicable laws relating to Input (including, without limitation, privacy laws, regulations, or rights), or Customer's breach of Section 3.1), (b) use of the Services in violation of this Agreement, the AUP, Documentation, DPA, or xAI Privacy Policy, or (c) the Bundled Services or Additional Bundled Services. This indemnification obligation is subject to Customer receiving: (x) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (y) the exclusive right to control and direct the investigation, defense, or settlement of such claim (any settlement, subject to xAI's prior written consent); and (z) all reasonably necessary cooperation of xAI at Customer's expense.
  12. Added: Privacy. Customer acknowledges that if Customer, Permitted Users, or End-Users submit to the Services any data that includes, "personal data" or "personal information" (as those terms are defined under applicable privacy laws), xAI will process such data as a processor on Customer's behalf, and xAI's Data Processing Addendum (as it may be updated from time to time) (" DPA "), which is incorporated herein by reference, shall automatically apply. In addition, Customer represents and warrants that it will not intentionally submit, and will use reasonable efforts to prevent Permitted Users and End-Users from submitting any "protected health information" as defined under the HIPAA Privacy Rule (45 C.F.R. § 160.103) unless Customer has first entered into a Business Associate Agreement or Amendment (" BAA ") with xAI that amends this Agreement and also uses xAI's ZDR-Enabled API to submit that data. Customer will ensure that use of the Services, Bundled Services, any Additional Bundled Services and User Content complies with Customer privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy, international communications, transfer of technical or personal data, and export and sanctions laws. Customer is solely responsible for determining the legality of submitting any Personal Data (as defined in the DPA) for processing to the Services; for obtaining all necessary consents, rights, and authorizations for such submissions; and for any consequences of such submissions.
  13. Added: Zero Data Retention . Customer represents and warrants that it will not intentionally submit, and will use reasonable efforts to prevent Permitted Users and End Users from submitting, any Personal Data to the Services except through xAI's ZDR-Enabled API. Customer acknowledges and agrees that: (i) when using ZDR, only Customer (and not xAI) will retain or have access to such Personal Data; (ii) as a result , xAI will lack the information necessary to fulfill many obligations typically imposed on a subprocessor under a data processing agreement; and (iii) Customer is solely responsible for ensuring that all Personal Data is processed exclusively through the ZDR-Enabled API. xAI shall have no responsibility or liability for any processing of Personal Data that occurs outside the ZDR-Enabled API. Customer's failure to process Personal Data exclusively through the ZDR-Enabled API as required hereunder shall constitute a material breach of this Agreement. Customer further acknowledges and agrees that, when using xAI's ZDR-Enabled API, xAI will not retain any User Content (including Personal Data) after processing is complete. This includes any User Content that may be needed to respond to requests from governmental authorities, auditors, data subjects, or for any other compliance or audit purpose. Customer is solely responsible for maintaining its own copies of any such User Content if retention is required
  14. Removed: Privacy. By using the Services, Customer acknowledges that information, including Feedback, relating to individuals associated with Customer and End-User accounts, may be processed as set forth in our Privacy Policy , as it may be updated from time to time. Customer acknowledges that if Customer or End-Users incidentally submit it to the Services, xAI may collect, use, and disclose Customer and End-User data which may include "personal data" or "personal information" (as those terms are defined under applicable privacy laws), in which case xAI's Data Processing Addendum (as it may be updated from time to time) (" DPA "), which is incorporated herein by reference, shall apply. In addition, Customer agrees that it shall not submit, and shall prohibit End-Users from submitting to the Services: (a) large or routine volumes of personal data or personal information, (b) any information that includes or constitutes sensitive personal data under any applicable privacy laws or other rules, (c) "protected health information," as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103) or (d) financial data, such as data subject to Payment Card Industry Data Security Standard (PCI DSS) requirements. If Customer wishes to process such data, then Customer must contact xAI and agree to xAI's separate Enterprise Customer Agreement (or other similar agreement) and a Business Associate Agreement, as applicable. Customer shall ensure that use of the Services and Customer and End-User User Content shall always comply with Customer privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal information.
  15. Added: Governing Law; Jurisdiction and Venue . This Agreement shall be governed by the laws of the State of Tennessee without regard to conflict of laws principles. The exclusive venue for any judicial action arising out of or relating to this Agreement will be the state and federal courts in Wichita County or Tarrant County, Texas, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
  16. Removed: Governing Law; Jurisdiction and Venue . This Agreement shall be governed by the laws of the State of Tennessee without regard to conflict of laws principles. The exclusive venue for any judicial action arising out of or relating to this Agreement will be the state and federal courts in Tarrant County, Texas, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
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